Everman v. Herndon
Mississippi Supreme Court
From the chaucery court of the first district of Coahoma •county. Hon. W. K,. Trigg, Chancellor. Bill for specific performance, or for damages for breach of an alleged contract to sell land. Decree for defendants. The opinion states the facts. It is not alleged by complainant in his pleadings that the. trade was to be for cash, or in what manner the $5 per acre was to be paid.
Read the full summary
From the chaucery court of the first district of Coahoma •county. Hon. W. K,. Trigg, Chancellor. Bill for specific performance, or for damages for breach of an alleged contract to sell land. Decree for defendants. The opinion states the facts. It is not alleged by complainant in his pleadings that the. trade was to be for cash, or in what manner the $5 per acre was to be paid. Complainants, therefore, offered to perform their contract by paying all cash for so much as the vendor was able to convey. The mistake of defendants’ counsel is in supposing that complainants aver that the terms of…
1Opinion of the CourtCooper, J.
On a former appeal in this cause the question involved was as to the sufficiency of the description of the subject-matter of the contract to relieve it of objection under the statute of frauds, and we then held that it was permissible to look to all the writings signed by Herndon in the negotiation leading to the sale, and that, by so doing, it sufficiently appeared what land was intended to be sold. Everman v. Herndon, 11 So. Rep., 652.
The question involved in this appeal is whether the defendant, Herndon, is bound by the contract of sale entered into by Cross Bros., who professed to he…
2Cases cited4 opinions
- Duffy v. HobsonCalifornia Supreme Court · 1870
- Grant v. EdeCalifornia Supreme Court · 1890
- Batty v. CarswellNew York Supreme Court · 1806
- Schultz v. . GriffinNew York Court of Appeals · 1890
3Cited by15 opinions
- Stockstill v. GammillMississippi Supreme Court · 2006
- Harrigan v. DodgeMassachusetts Supreme Judicial Court · 1914
- Henry v. LaneCourt of Appeals for the Fifth Circuit · 1904
- Larson v. O'HaraSupreme Court of Minnesota · 1906
- Welch v. WilliamsMississippi Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.